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The termination of the marriage union is complicated if there are minor children. Where to apply with the statement of claim, what to collect documents, how to solve the issue of the place of further residence of children?
The order of divorce in the presence of children
By making a decision on divorce, the spouses file an application to the registry office or court. In which state body to turn depends on the circumstances. Through the registry office, the wicked process in the presence of minor children lead in the most simple cases. Divorce Suppose if:
- one of the parents is legally recognized as incapable;
- wife or husband declared missing;
- spouse sentenced for more than 3 years;
- the child is not common - nor native nor adopted / adopted together.
In the absence of the above factors, the claim is applied to the world or district court. During the proceedings, questions should be resolved:
- about the payment of alimony;
- disputes about the distribution of property;
- whom of the parents will stay young children.
Statement of claim
In the judicial authorities, the statement of claim is filed in two copies. According to the requirements of Article 131-132 of the Code of Civil Procedure of the Russian Federation, the document must contain the following information:
- the name and address of the judiciary;
- passport data plaintiff, defendant;
- marriage information, collaboration rates, minor children;
- causes of divorce;
- whether the agreement was achieved on the place of residence of minors, their content, the division of property;
- requests addressed to the Court (about the dissolution of marriage, about material claims);
- list of attached documents, date and signature.
Where to serve
With a statement you can contact the world court. Conditions:
- parents have reached an agreement on further education, living by juvenile children;
- the decision on divorce is taken by mutual agreement;
- there are no property disputes or the value of the shared property does not exceed 50,000 rubles.
The marriage termination procedure is carried out by the District Court if:
- one of the spouses against the cessation of marriage relationships;
- a married couple cannot decide who will undertake commitments to raise children;
- no compromise was found in the property section, the cost of which is superior to 50,000 rubles.
Documents for divorce with children
By the question of the divorce in the presence of children who have not reached the age of age, the plaintiff attachs a list of documents:
- copies of her husband's passports, wives;
- receipt confirming the payment of state duty (its size is 650 rubles. from each spouse or 350 rubles. when divorced unilaterally);
- a copy of the marriage registration certificate;
- application indicating the reasons for the rupture of official relations;
- a copy of the child's birth certificate (if there are several of them, then each document);
- extract from the house book about the place of residence of children;
- help on the income of spouses (to solve the issue of alimony).
All copies are certified by notarial authorities. If an agreement has been reached, written agreements of the parties are attached: the division of property, with whom minors will live, material support obligations.
Licracure process
The statement of divorce is registered by the Court Secretariat. If he was taken to consideration, the first meeting is appointed no earlier than 30 days later. On the first hearing, the judge finds out:
- is the decision to stop marriage mutual;
- is there a chance of reconciliation of the parties, the preservation of the family.
If the spouses acted on all issues to consent, the termination of marriage in the presence of minor children is carried out immediately.
The court makes a decision:
- with whom children will live from the spouses;
- is there any possibility of separating minors between husband and wife;
- on the procedure for communication of the Son / Daughter with a separately residing spouse;
- on the amount of alimony paid;
- about the order of the property.
Sometimes the family pair has disagreements. For example, one spouse opposes the divorce, the pair cannot solve property disputes, etc. The court appoints the next meeting in 1-3 months. This time her husband and his wife is given to reconcile.
The decree of the court on recognition of marriage invalid enters into legal force in a month.
The court decision goes to the registry office for the registration of a divorce.
After each spouse, an instance of the evidence of the termination of the marriage union is issued.
Decision on the termination of marriage
In some situations, the Court imposes a ban on a divorce or make adjustments:
- In the case of pregnancy, his wife or the availability of a common child up to 1 year - the lawsuit deviates until the baby reaches this age. A positive decision is made only with the consent of the mother.
- The family lives a joint child of 1-3 years or a few - divorce is possible on the initiative of any of the parties. The man is awarded to alimony for the maintenance of the baby and disabled wife. Payments in favor of the mother are terminated to achieve a kid for 3 years or since its official employment.
- The presence of a disabled child - the court satisfies the lawsuit. The defendant will appoint an obligation to pay alimony for the disabled person before and after 18 years.
Baby residence place
The court decides on the place of residence of children in various factors. Moral qualities, housing conditions, financial well-being of each spouse are taken into account. The court awards children to Father, if the mother leads an immoral lifestyle, does not care about the health and education of minors. According to Art. 57 SC RF, a child over 10 years old can decide independently, with whom from parents to stay.